Special Termination Rights for Tenants in Germany 2025

As a tenant in Germany, special termination rights can be crucial in cases of major defects or modernisation. This checklist explains step by step which deadlines apply, which official forms are required, and how to correctly draft a legally effective notice of termination. You will learn which supporting documents help, how to meet deadlines and what to consider when submitting to the landlord or to the local court. Template texts for termination and notes on rent reduction, return of the deposit, and communication with the landlord are also included. The aim is to clarify decision paths and provide practical templates so that you as a tenant can enforce your rights in Germany securely and transparently.

What is the special termination right?

The special termination right allows tenants to rescind the rental contract extraordinarily and within deadlines in certain cases. Typical reasons are health-endangering conditions in the apartment, unresolved defects after a set deadline, or a significant deterioration of living conditions due to modernisation. Relevant rules can be found in the BGB, especially regarding duties and protection against termination ^[1]. In case of doubt, tenants should document, note deadlines and seek legal advice.

Quick checklist

• Check applicable deadlines and timelines immediately before taking action.
• Prepare a written notice of termination and send it with proof of delivery.
• Collect photos, medical certificates and correspondence as supporting evidence.
• Consider filing a claim with the competent local court if disputes arise to enforce your rights.
• Document claims for deposit refund and any compensation for damages.

Which forms are relevant? For many steps there are no nationwide tenant forms, but sample termination letters and court claim forms are provided on authority and court websites; check official guidance and forms at the Federal Ministry of Justice and at courts ^[3].

Frequently Asked Questions

When can a tenant use the special termination right?

The special termination right exists for significant defects, health hazards, or when modernisation measures make continuation of the tenancy unreasonable. The specific facts of each case and timely documentation are decisive.

What deadlines apply to an extraordinary termination?

An extraordinary termination must generally be made without culpable delay after the reason for termination becomes known; in some cases there are short deadlines to respond. Check the applicable BGB rules and document the date you became aware of the issue ^[1].

Which court is competent in disputes?

Most tenancy disputes are handled by the local court (Amtsgericht); higher instances are the regional court (Landgericht) and the Federal Court of Justice for appeals and precedent questions ^[2].

How-To

1. Check deadlines: note the date the termination reason occurred and act promptly.
2. Prepare form and letter: draft a written notice of termination with a precise explanation and template text if appropriate.
3. Collect evidence: secure photos, correspondence and witness statements in an organised file.
4. Court proceedings: if necessary, file a claim with the competent local court and observe procedural deadlines.

Key Takeaways

• Act quickly: many rights lapse if deadlines are missed.
• Put everything in writing and keep copies and proof of delivery.
• Good documentation improves your chances in disputes.

Help and Support / Resources

• Gesetze im Internet: BGB
• Bundesgerichtshof: Decisions
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesgerichtshof (BGH) – official website
3. [3] Federal Ministry of Justice and Consumer Protection (BMJV)